From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 30USC933]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER IV--BLACK LUNG BENEFITS
Part C--Claims for Benefits After December 31, 1973
Sec. 933. Duties of operators in States not qualifying under
workmen's compensation laws
(a) Securing of benefits for miners; self-insurers; mutual companies
During any period in which a State workmen's compensation law is not
included on the list published by the Secretary under section 931(b) of
this title each operator of a coal mine in such State shall secure the
payment of benefits for which he is liable under section 932 of this
title by (1) qualifying as a self-insurer in accordance with regulations
prescribed by the Secretary, or (2) insuring and keeping insured the
payment of such benefits with any stock company or mutual company or
association, or with any other person or fund, including any State fund,
while such company, association, person or fund is authorized under the
laws of any State to insure workmen's compensation.
(b) Required provisions of insurance contracts
In order to meet the requirements of clause (2) of subsection (a) of
this section, every policy or contract of insurance must contain--
(1) a provision to pay benefits required under section 932 of
this title, notwithstanding the provisions of the State workmen's
compensation law which may provide for lesser payments;
(2) a provision that insolvency or bankruptcy of the operator or
discharge therein (or both) shall not relieve the carrier from
liability for such payments; and
(3) such other provisions as the Secretary, by regulation, may
require.
(c) Cancellation of insurance contracts
No policy or contract of insurance issued by a carrier to comply
with the requirements of clause (2) of subsection (a) of this subsection
\1\ shall be canceled prior to the date specified in such policy or
contract for its expiration until at least thirty days have elapsed
after notice of cancellation has been sent by registered or certified
mail to the Secretary and to the operator at his last known place of
business.
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\1\ So in original. Probably should be ``section''.
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(d) Penalties for failure to secure payment of benefits
(1) Any employer required to secure the payment of benefits under
this section who fails to secure such benefits shall be subject to a
civil penalty assessed by the Secretary of not more than $1,000 for each
day during which such failure occurs. In any case where such employer is
a corporation, the president, secretary, and treasurer thereof also
shall be severally liable to such civil penalty as provided in this
subsection for the failure of such corporation to secure the payment of
benefits. Such president, secretary, and treasurer shall be severally
personally liable, jointly with such corporation, for any benefit which
may accrue under this subchapter in respect to any disability which may
occur to any employee of such corporation while it shall so fail to
secure the payment of benefits as required by this section.
(2) Any employer of a miner who knowingly transfers, sells,
encumbers, assigns, or in any manner disposes of, conceals, secrets,\2\
or destroys any property belonging to such employer, after any miner
employed by such employer has filed a claim under this subchapter, and
with intent to avoid the payment of benefits under this subchapter to
such miner or his or her dependents, shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not more
than $1,000, or by imprisonment for not more than one year, or both. In
any case where such employer is a corporation, the president, secretary,
and treasurer thereof also shall be severally liable for such penalty of
imprisonment as well as jointly liable with such corporation for such
fine.
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\2\ So in original. Probably should be ``secretes,''.
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(3) This subsection shall not affect any other liability of the
employer under this part.
(Pub. L. 91-173, title IV, Sec. 423, Dec. 30, 1969, 83 Stat. 797; Pub.
L. 92-303, Sec. 3(b), May 19, 1972, 86 Stat. 153; Pub. L. 95-239,
Sec. 8, Mar. 1, 1978, 92 Stat. 100.)
Amendments
1978--Subsec. (d). Pub. L. 95-239 added subsec. (d).
1972--Subsec. (a). Pub. L. 92-303 substituted ``a coal mine'' for
``an underground coal mine''.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-239 effective Mar. 1, 1978, see section
20(a) of Pub. L. 95-239, set out as a note under section 901 of this
title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-303 effective Dec. 30, 1969, see section
3(c) of Pub. L. 92-303, set out as a note under section 901 of this
title.